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TERMS AND CONDITIONS – Subscribers
1.1. These are the terms and conditions (“Subscription Terms”) that govern registration and membership of a Subscription, (as defined below) owned, operated or provided by Partnership Media Group Ltd (“PMG”) or another Group Company (as defined below).
1.2. Your membership and participation within a subscription, and your enjoyment of any other benefits associated with a subscription, is conditional on you complying with these Subscription Terms. Any additional terms and conditions that are posted on specific websites and/or publications of any group company in relation to any Subscription shall be deemed incorporated into these Subscription Terms.
1.3. Please note that, where you register for and join a subscription, these Subscription Terms will be governed by the laws of England and Wales and will operate as between PMG and you, to the maximum extent permissible under the law of the territory in which you are located.
In these Subscription Terms, the following terms shall have the following meanings unless the context requires otherwise:
“you/your” means (as appropriate), the single, individual subscriber within the Subscription.
“we/us/our” means PMG and/or a group company of PMG.
“Agent” means an employee, partner, director, agent or representative of a company or other legal entity.
“Agreement” these Subscription Terms together with the relevant Order Confirmation.
“Content” means all materials, data, information and products provided as, relating to or forming part of the Subscription.
“Subscription” means our Learning Subscription product, accessed by a single subscriber, whereby we commit to providing and or releasing a minimum of 42 pieces of content or resources within a calendar year.
“Subscription Confirmation” means our acceptance of your registration to become a subscriber within the relevant Subscription in writing (including by electronic mail).
“Group Company” means Partnership Media Group Ltd or any subsidiary of Partnership Media Group Ltd (including trading and brand names).
“Intellectual Property” means copyright, trade-marks, database rights and/or any other intellectual property rights as recognised in any jurisdiction.
“Registered Subscriber” means an individual who has registered with us to subscribe or access a Subscription, either in their own personal capacity, or as an Agent.
“Representatives” means our suppliers, content providers, licensors and other suppliers, officers, employees, partners, affiliates, subsidiaries, sub-contractors, successors and assigns, agents or representatives.
“Software” means any software that is made available for download from our websites relating to a Subscription or Content.
2.1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
2.2. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.3. A reference to writing or written includes email.
3.1. In order to access a Subscription, you must register with us as a Registered Subscriber either:
3.1.1. in your own personal capacity, in which case you will be the Registered Subscriber for the Subscription; or
3.1.2. as an Agent of a company or other legal entity, in which case such company or other legal entity will be the Registered Subscriber for the Subscription.
3.2. In the event that you are an Agent, by agreeing to these Subscription Terms as set out below, you warrant that you have authority to agree to these Subscription Terms on behalf of the relevant Registered Subscriber and the Registered Subscriber shall be bound by these Subscription Terms.
4.1. You may request registration for a Subscription by:
4.1.1. completing a registration form through our website or other form as a “Registered Subscriber”; or
4.1.2. contacting us through email or telephone or post in accordance with the instructions from our website; or
4.1.3. contacting our representatives within another Subscription that you are already subscribed to.
4.2. Should you register for a Subscription after being contacted by a representative from PMG, by any media, you will be deemed to have subscribed as a subscriber and will be subject to these Subscription Terms.
4.3. When requesting registration for a Subscription, you must provide us with accurate and complete information prior to joining the Subscription. It is your responsibility to inform us of any changes to that information (including your email address where requested) by updating your details on the relevant section of the applicable website or contacting us using contact details on the applicable website or such other contact information as is provided to you in any Subscription Confirmation. If you do not provide accurate and complete information in connection with your registration, we may not be able to provide you with access to the Subscription or Content that you request or that are suitable to you.
5.1. All registrations for a Subscription (requested pursuant to clause 4 above) are subject to availability and acceptance by us, which shall be at our absolute discretion. In the event that we accept your requested registration and subject to first receiving all reasonable information that we may require from you, we shall confirm our acceptance of your registration by issuing a Subscription Confirmation to you.
5.2. Upon the issuing by us of the Subscription Confirmation to you, there will be a legally binding contract between you and us to which these Subscription Terms shall apply. If you do not receive the Subscription Confirmation within 24 hours of booking, then it is the subscriber’s responsibility to follow this up.
5.3. Please read these Subscription Terms carefully. These Subscription Terms may be amended by us at any time, and we will notify you of any such change. It is your responsibility to bring these Subscription Terms to the attention of anyone who may, through you, register for a Subscription or view or use any Content. It is also your responsibility to bring the Subscription Terms to the attention of the relevant company or other legal entity where that company or other legal entity is the Registered Subscriber.
6.1. The applicable fees for a Subscription shall be published by us on our website and/or in any of our other publications and we shall confirm such fees in our Subscription Confirmation pursuant to clause 5 above. You shall pay the applicable fees in accordance with the instructions contained in the Subscription Confirmation.
6.2. Any applicable taxes such as value added taxes shall be in addition to the fee and you shall be notified of any such taxes in the Subscription Confirmation.
6.3. Fees for a Subscription are correct at the time of publication, but we reserve the right to amend the fees at any time but shall this not affect any registrations for which a Subscription Confirmation has already been issued.
6.4. Payment is due within 30 days of the booking date. If payment has not been received within this period, subscribers will be removed from the Subscription.
6.5. Fees for a Subscription will be automatically renewed, 12 months after the period from the initial registration. Registered Subscribers or Agents will receive notification of our intent to process the automatic renewal, from or inside 30 days of the date of automatic renewal.
7.1. In certain circumstances, it may be necessary for us to alter the format, content, delivery media and timing of a subscription. The identity of the resource providers, the topics they cover or the timing of resources releases may be changed at any time without notice.
7.2.1. reserve the right to delete or change any aspect of the Resources and/or any of the technical specifications relating to a Subscription or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of a Subscription for some time;
7.2.2. reserve the right to cancel the Subscription at any time; in such circumstances, we will refund any sum paid by you to us, on a pro-rated basis;
7.2.3. change at any time the media through or on which the Subscription is available, whether by any remote or digital media, including webinar, video-conference, teleconference or web-based delivery. We will not issue any refund to you in the event of any such change.
8.1. You must send cancellations to us in writing 14 days after registering for a paid Subscription or within 14 days of an automatically renewed subscription, within which a full refund will be granted. Cancellations received after this time or not put in writing will be subject to the full subscription fee. Substitutions may be made at any time. PMG will not be able to offer refunds for cancellations arising from events outside of our control due to any changes we make to a Subscription under clause 7 above.
8.2. Moving a registration to another Subscription where available will be possible, if payment has already been made, and the Subscriber or Agent notifies PMG which Subscription they wish to move to. If Payment has not been made, full payment will be required before any move can be confirmed.
9.1. You are responsible for procuring the necessary equipment and the payment of utility, connectivity and other charges necessary to access and/or use any Subscription or Content (where applicable). We are not responsible for the reliability or continued availability of network connectivity lines and equipment you use to access and/or use any Subscription or Content.
9.2. For those of our Subscriptions which require online Internet access, it is your responsibility to ensure that our technology is compatible with your systems prior to registering for such a subscription. Subject to any liability we cannot exclude or limit at law, we are not liable or responsible for:
9.2.1. any technical issues which may arise because of your failure to ensure compatibility of our technology with your systems; and/or
9.2.2. any delay, disruption or disturbance in the operation of the Internet or problems caused by your Internet Service Provider or for any telecommunications failures which are beyond our control and/or 24-hour access to such a Subscription due to downtime for repairs, maintenance and/or repairs to our website.
9.3. We shall provide reasonable operational support between the hours of 9.00am to 5.30pm (GMT), Monday to Friday, where required for a Subscription. Requests for technical support should be sent to us by email and we shall respond as soon as practically possible.
10.1. When you register for a Subscription, which otherwise grants you access to Content made available online, you will be given one or more user names and passwords, as appropriate for your registration to the relevant Subscription. Personal details will NOT be shared.
10.2. Except to the extent a user name and password is intended for more than one user as agreed by us in writing, or to the extent the Subscriber is registered via a third party, the following are not permitted:
10.2.1. sharing your user name and password with any other person (including for the avoidance of doubt, any other employee, partner, director, agent or representative of the Registered Subscriber where you are an Agent); nor
10.2.2. access through your user name and password being made available to multiple users on a network.
10.3. Notwithstanding the restrictions in clause 10.2 above, you are responsible for all access to any Subscription and/or use of any Content by you or anyone else using any of your user names and passwords and for protecting against unauthorised use of any of your user names and passwords. If you believe there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name, password or any payment information), you must notify us immediately.
11.1. As a Subscriber, your name, job title and organisation name, and any other details you choose to populate your event profile with, will be visible to all other attendees as well as sponsors and exhibitors (if present). Your contact details (email address, telephone number and postal address) will remain hidden.
12.1. It is all Registered Subscribers responsibility adhere to our Subscription Membership Policy & Rules of Conduct. Namely, that;
12.1.2. We are committed to providing a professional, friendly, safe and welcoming environment for all subscribers, speakers, sponsors and exhibitors (if present), hosts and moderators participating in our Subscriptions, regardless of gender, sexual orientation, disability, race, ethnicity, religion, national origin or other protected class.
12.1.3. We expect all participants and subscribers to help ensure a safe and positive experience for everyone.
12.1.4. Unacceptable behaviour (as deemed by hosts or moderators) will not be tolerated at any time within a Subscription. Unacceptable behaviour includes but is not limited to:
12.1.5. Consequences of misconduct, breach of our Subscription Membership Policy & Rules of Conduct and or participation in any behaviour mentioned in the above clause 12.1.4 may include:
12.2. If you are being harassed, notice that another subscriber is being harassed, or have any other concerns around unacceptable behaviour, please report these (preferably in writing) to a Moderator or Host. Moderators and Hosts will be happy to help subscribers assist those experiencing harassment to feel safe within our Subscription.
12.3. This Subscription is for those within the Education sector only. Registered Subscribers should use the platform for learning and networking purposes only. Commercial activity of any kind is forbidden on the platform. Any breaches to this may result in the immediate removal from the Subscription without warning, and with no refund.
13.1. All rights in and to the Subscription and Content relating to a Subscription belong to us, our group companies or our third-party content providers and are protected by the Intellectual Property laws of the UK, US and other relevant countries. We may license third parties to use the Content at our sole discretion.
13.2. You may use the Content solely for your own internal business use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether indirect or direct, nor in any manner that might compete with our business.
13.3. Save for where provided otherwise in these Subscription Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Content to anyone without our express prior written permission, is not authorised and may be a violation of national copyright law and the UK Copyright, Designs and Patents Act 1988.
13.4. Any request for permission to republish, reprint or use for any other purpose any of the Content or our trade marks should be sent to PMG in writing.
13.5. The Software belongs to us or our suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement.
14.1. The Subscriptions are not intended for users of under eighteen (18) years of age, and such individuals are not permitted to be Registered Subscribers.
14.2. Without prejudice to clause 3.2 above, you represent and warrant that:
14.2.1. you have the capacity to agree to these Subscription Terms; and
14.2.2. you are at least eighteen (18) years of age.
14.3. You undertake that you will:
14.3.1. comply with all applicable laws in relation to the Subscriptions and/or your use of the Content including laws relating to the use of Intellectual Property;
14.3.2. not use the Content outside the scope of permitted use under these Subscription Terms and will not infringe any Intellectual Property or other rights in or relating to the Subscription or Content of any third party;
14.3.3. not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit or tamper with any of our websites in relation to a Subscription or, subject to clause 13.5 above, any Software or other software embodied in any of our websites relating to a Subscription or the Content;
14.3.4. not restrict the use or the access of any of our websites, platforms, Subscriptions and/or Content by other registered Subscribers or authorised users nor hack into or cause damage to any server or other equipment operated by us;
14.3.5. conduct yourself in an appropriate business-like while subscribed;
14.3.6. not record, film or take photographs of any resources and or contents within the Subscription unless expressly permitted by us; and
14.4. We reserve the right, without any liability (subject to any liability we cannot exclude or limit at law), to refuse you admission or eject you from a Subscription for failure to comply with these Subscription Terms; or if in our opinion you represent a security risk, nuisance or annoyance to the running of the Subscription.
15.1. We will exercise reasonable skill and care in our provision of the Subscription provided to Registered Subscribers, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.
15.2. We will endeavour to ensure Subscriptions are priced correctly on the websites or other publications (or otherwise in the Content). However, errors may occur. If such a pricing error is discovered, we reserve the right of reconfirming your order at the correct price.
16.1. Nothing in this Agreement excludes or limits our liability for:
16.1.1. death or personal injury caused by our negligence; Do we need to remove this as nothing is in person or best to keep anyway?
16.1.2. fraud or fraudulent misrepresentation; or
16.1.3. any other liability which cannot be excluded or limited by law.
16.2. Subject to clause 16.1 above,:
16.2.1. we and our Representatives shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
16.2.2. our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the greater of (i) £, and (ii) the total amount paid to us by you under this Agreement for your subscription.
17.1. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
17.1.1. any claim made against us by any third party arising out of the Subscription, the actions or omissions of the Client or its employees, agents or subcontractors, or the performance (or failure in performance) of this Agreement by you;
17.1.2. any breach by you of any of the warranties, representations and undertakings in clause 14 above; and/or
17.1.3. the use by third parties of any user name and password issued to you by us, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.
This indemnity shall apply whether or not the Company has been negligent or at fault.
18.1. Either party may terminate this agreement in accordance with clause 8 above.
18.2. We may terminate this Agreement with immediate effect without providing notice to you, if you commit a breach of the Subscription Terms.
18.3. Cancellation of your access to a Subscription and use of any Content shall not affect any provision of this Agreement which is expressly or by implication intended to come into effect or to continue in effect after such cancellation or expiry.
18.4. Cancellation of your access to a Subscription and use of any of the Content on these Subscription Terms shall not affect our right to receive any outstanding sums due to us at the date of cancellation, which sums shall be payable within fifteen (15) days of such cancellation.
19.1. This Agreement constitutes the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
19.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
20.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
20.2. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.
21.1. We shall not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any service or our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control, including acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemic, pandemic, quarantine restriction, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).
22.1. You must not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
23.1. Any notice which is required to be given pursuant to these Subscription Terms shall be made by email or first-class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the relevant website or otherwise notified to you in relation to any relevant Subscription. Any such notice shall be deemed to have arrived if sent by post within three (3) days of posting and if sent by email at the time of transmission.
24.1. A person who is not us or you shall not have any rights under or in connection with this Agreement.